Type Approval
Type Approval Procedure
- All communications terminals, network equipment and communications equipment to be used for connection or access to public operating communication networks, wireless communications equipment and radio communications equipment intended to be connected directly or to work with any communications network in South Sudan, to send, process or receive information shall, prior to their use, be submitted for type approval or type acceptance by the National Communication Authority.
- The Authority shall grant type approval for each type of equipment once, and subsequent users of the same type of equipment shall not apply to the Authority for approval.
- Notwithstanding sub-regulation (2) of this Regulation of the National Communication Act, where there is any change of model, design or specification of equipment which had been type approved by the Authority, the equipment shall be re-submitted for the approval.
- The Authority shall conduct type approval in accordance with procedures for the approval of communication equipment in South Sudan, as may be published from time to time.
Type Approval Acceptance
- The Authority may accept any equipment that has been granted type approval from another country or jurisdiction recognized by the Authority.
- Notwithstanding such-regulation (I) of this Regulation of the National Communication Act, applicants for type acceptance shall submit samples or samples of equipment and copies of test results and type approval certificate from that country, or jurisdiction at time of submission of application for provisional acceptance.
- The Authority may, on its own initiative or upon application by any service provider, conduct inquiries to determine whether technical standards from other countries or jurisdictions shall be recognized in South Sudan for purposes of exempting any equipment from the approval or testing requirements
Application for Type Acceptance
Any service provider shall submit its application for type approval or acceptance of communications equipment in prescribed forms issued by the National Communication Authority.
Evaluation
- The Authority may not return to any applicant any samples of equipment and associated literature submitted for the purpose of type approval or acceptance.
- The Authority shall evaluate the application and communicate its decision to the applicant, within sixty days from date of receipt of the application.
- When the authority may not communicate its approval or refusal within the period prescribed in sub-regulation (2) of this Regulation of the National Communication Act, the Authority shall be deemed to have approved the application
Complaint Procedure
- Any person may make complaint in respect of working of any equipment that has been type approved or object to type approval of any equipment by submitting complaint or objection to the Authority in writing stating:
- Name and address of complainant;
- Name and address, if known, of person against whom complaint is made; and
- Facts, including supporting data, where available, show that apparatus does not conform to these Regulations and that the apparatus may cause harmful interference to communication networks or risk to human health or environment.
- The Authority shall forward a copy of the complaint or objection to applicant or holder of type approval certificate and give applicant or holder opportunity to give evidence to rebut the complaint or objection.
- The Authority shall consider any complaint or objection received when considering application for type approval or in evaluating operation of equipment that has been granted type approval.
Pricing & Fees
Tariffs and Rates
The Authority shall annually study and approve the tariffs for communication services, the rates and fees for the allocation and licensing of frequencies, frequency bands, and postal services according to the procedures specified in the regulations issued under the National Communication Act.
Methods of Setting Public Communication Services Tariffs
Regulations issued pursuant to the National Communication Act shall specify methods of setting public communication service tariffs.
Bases and Criteria for Setting Public Communication Services Tariffs
- In setting the public communication service tariffs, the Authority shall take into account the following considerations:
- Tariffs are to be established on the basis of actual cost;
- Tariffs shall be fair and shall not operate in a discriminatory way amongst beneficiaries;
- Tariffs shall not be set at reduced prices with the intent of restricting competition;
- Tariffs shall generally comply with the guiding principles and criteria that are specified by the regulations issued under the National Communication Act.
- The Authority shall take into consideration overall compliance with the criteria set forth in sub-section (1) of this section of the National Communication Act when approving the public communication services tariffs.
Principles and Criteria for Pricing Interconnection Services
The pricing of interconnection services shall be according to the following principles and criteria:
- Promoting direct negotiations between Licensees and encouraging agreement within the framework of the rules and guidelines issued by the Authority and in accordance with provisions of the National Communication Act;
- Pricing interconnection services on the basis of actual cost;
- Conforming to prescribed procedures, guiding principles and the criteria set forth in the regulations issued under the National Communication Act.
Review of Public Communication Services Tariffs
The Authority shall annually review and approve public communication service tariffs to ensure compliance with the procedures specified in the regulations issued pursuant to the National Communication Act.
Coming into Force and Application of the Approved Tariffs
- The tariff rates for public communication services shall come into force after approval and announcement in accordance with the regulations issued under the National Communication Act.
- The Licensee shall fully comply with the approved public communication services tariff.
Amendment of the Public Communication Services Tariffs
- The Licensee shall not amend the approved tariff structure for public communication services unless approval is first obtained from the Authority.
- The Authority may review and revise the approved tariff structure, either on its own accord or upon request by a Licensee but only after three months have elapsed from the date of first application of the tariffs
Licence Fees
- Any Licence agreement for a public communication network concluded between the Authority and the Licensee shall include the licensing fees to be paid and shall provide for payment of annual renewal fees.
- The Authority shall collect frequency allocation fees and use of communication equipment fees as set forth in the regulations issued under the National Communication Act.
- The provisions shall specify the Licence fees for private networks and for importation and marketing of communication equipment.
Release and Type Approval Fees
- Regulations issued under provisions of the National Communication Act shall specify the Release and Type Approval fees for communication equipment and materials.
- The Licensee shall be exempted from Release and Type Approval fees for core and basic equipment tests, measurements, maintenance equipment and spare parts included in the approved technical study and that are included in future plans and programs that have been approved by the Authority.
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